Patents Laws in Botswana
Here's a detailed overview of Patent Laws in Botswana:
🏛️ Patent Laws in Botswana
1. Legal Framework
Patents in Botswana are governed by the:
Industrial Property Act, 2010 (replacing the earlier Industrial Property Act of 1996).
Administered by the Companies and Intellectual Property Authority (CIPA).
Botswana is also a member of several international treaties, including:
World Intellectual Property Organization (WIPO)
Paris Convention
Patent Cooperation Treaty (PCT)
This means Botswana allows for both national and international (PCT) filings.
2. Patentability Criteria
An invention must meet the following to be patentable:
Novelty – Not disclosed to the public anywhere before the filing.
Inventive Step (Non-obviousness) – Not obvious to a person skilled in the relevant field.
Industrial Applicability – Must be capable of being used in some kind of industry.
3. Non-Patentable Subject Matter
Botswana excludes the following from patentability:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations (e.g., artistic or literary works).
Schemes, rules, or methods for mental acts, games, or business operations.
Computer programs as such.
Methods for treatment of the human or animal body (except products for use in such methods).
Inventions contrary to public order or morality.
4. Filing a Patent Application
Applications must be filed with CIPA and include:
A request form
Description of the invention
Claims
Abstract
Drawings (if applicable)
Filing fee
Patent Term: 20 years from the filing date, provided annual maintenance fees are paid.
5. Patent Protection via PCT
Botswana can be designated in a PCT international application, which must be nationally entered within 30 months from the priority date.
6. Enforcement and Rights
The patent holder has the exclusive right to:
Prevent others from making, using, selling, or importing the invention without permission.
License or assign the patent.
Patent disputes or infringements are handled by the High Court of Botswana.
7. Utility Models
Botswana also allows for utility model protection (short-term patents) for inventions with a lower inventive threshold. These typically last for 7–10 years with less stringent requirements.
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